Divorce goes beyond dividing assets and signing papers. It’s an emotional journey that shapes your future and your family’s. If you’re thinking about divorce or have already begun, seek help from divorce lawyers Garland TX. The right attorney can be crucial.
At Warren & Migliaccio, we offer full support for Garland, Texas residents in challenging divorces. We’ve handled tough cases with confidence and empathy. Our goal is to protect your rights and ensure the best outcome for you and your family.
Understanding the Texas Divorce Process
Considering a divorce in Garland, Texas? It’s crucial to understand the process and what to expect. The Texas divorce process can be complicated. However, the right information and support can help you successfully navigate it.
In Texas, there are two main types of divorce: contested and uncontested. An uncontested divorce occurs when both parties agree on all terms. Meanwhile, a contested divorce involves unresolved disputes that need negotiation or litigation.
For a Texas divorce, one spouse must have lived in the state for six months and in the county for 90 days. After filing the divorce petition, there is usually a 60-day wait before finalization.
No-Fault vs. Fault-Based Divorces in Texas
Texas offers both no-fault and fault-based divorce. In a no-fault divorce, the filing spouse doesn’t need to prove the other did something wrong. They can simply claim “insupportability.“ This means the marriage has become unmanageable due to discord or personality clashes.
In contrast, a fault-based divorce requires one spouse to prove the other’s fault in the marriage’s breakdown. Acceptable reasons in Texas include cruelty, adultery, felony conviction, and abandonment.
The Role of a Divorce Attorney
You can get a divorce without a lawyer. However, it’s wise to consult one, even for uncontested cases. A lawyer helps with your rights, paperwork, and protects your interests.
In Garland, Texas, Warren & Migliaccio’s family law experts handle all divorces. They assist in simple or complex cases, ensuring the best outcome for you.
Property Division Under Texas Law
In a divorce, property division is crucial. In Texas, community property laws apply. These laws mean all assets and debts from the marriage are shared. They must be divided during a divorce.
This includes real estate, vehicles, bank and retirement accounts, and more. It’s vital to hire an attorney who can value and divide these assets fairly.
Child Custody and Support Guidelines
If you have children, child custody and support will also be a major consideration in your divorce. In Texas, the court’s primary concern is the best interests of the child.
Joint Conservatorship Explained
Usually, the court believes joint custody is best for the child. In this arrangement, both parents make decisions and see the child equally.
However, the court might give only one parent custody. This is common when the other parent has care concerns, like past abuse or neglect.
Calculating Child Support
In Texas, child support is a percentage of the non-custodial parent’s income, adjusted for the number of children. The court can also require extra payments for healthcare, education, and activities.
Spousal Support and Maintenance
In Texas, a spouse can receive spousal support, or alimony, during or after a divorce. This is common when their earning potential is much lower or they’ve been out of work for a long time.
To qualify, the seeking spouse must lack enough property for basic needs. They also must be unable to work due to a disability or because they care for a young child.
Temporary Restraining Orders
A spouse can ask for a temporary restraining order (TRO) to stop harmful actions. These actions include harassment, threats, asset hiding, and taking children out of state. The TRO can be requested with or without telling the other spouse. It lasts for up to 14 days.
Temporary Support Orders
During a divorce, the court might issue temporary orders. These are to support your spouse and children. They include financial aid for child or spousal support and weekly expenses. These expenses can be mortgage, utility bills, or insurance. Need legal help? Warren & Migliaccio can assist in Garland, Texas, and nearby areas. With over 100 years of combined experience, they can guide you through the divorce process and protect your rights.
Legal Representation by Warren & Migliaccio
If you’re considering a divorce in Frisco, Texas or the surrounding areas, the experienced family law attorneys at Warren & Migliaccio can help. With over 100 years of combined experience, they have the knowledge and skills to guide you through the divorce process and protect your rights and interests.
Areas Served by Warren & Migliaccio
Warren & Migliaccio serves clients in Dallas County and nearby areas like Garland, Plano, McKinney, Allen, and Dallas.
Scheduling a Consultation
Want to consult with an experienced divorce attorney from Warren & Migliaccio? Just call or fill out their website form. They offer both in-person and virtual meetings to suit your needs.
Special Considerations in Divorce Cases
While every divorce is unique, there are some special considerations that may arise in certain cases. These include issues such as same-sex divorce and parental relocation.
Same-Sex Divorce Considerations
In 2015, same-sex marriage became legal. Now, same-sex couples have divorce rights and duties like heterosexual couples. However, a unique issue arises. They might need to split assets gained before their marriage was legal.
Parental Relocation Issues
After a divorce, if a parent wants to move with the children, it can disrupt the other parent’s bond. In Texas, the moving parent must notify the other 60 days before the move.
If the other parent disagrees, the court will review the move’s reason, distance, and impact on the children’s relationships.
Costs Associated with Divorce
Divorce can be a costly process, both emotionally and financially. In addition to attorney fees, there are also court costs and other expenses to consider.
Court Fees Breakdown
In Dallas County, the filing fee for a divorce petition is $300. There may be additional fees for service of process, temporary orders, and other court proceedings. These fees can add up quickly, especially in a contested divorce.
Attorney Fees Overview
Divorce attorney fees are a significant cost. Most charge hourly based on experience and location. In Garland, Texas, the rate is usually $250 to $500 per hour.
Some attorneys also offer flat fees or limited services for tasks like document prep or mediation. It’s crucial to discuss fees and payments early to prevent surprises.
Key Takeaway:
Understanding the steps to manage a divorce in Garland, Texas is crucial. These include meeting residency rules, filing petitions, and handling contested and uncontested divorces. Hiring an attorney from Warren & Migliaccio is wise. They can guide you through property division, child custody, and support. Moreover, they can help with unique cases, such as same-sex divorces.
FAQs in Relation to Divorce Process in Garland, Texas
How long does it take to be officially divorced in Texas?
The divorce process in Texas takes at least 60 days due to the mandatory waiting period. But, complex cases can drag on longer.
How long does a divorce take in Dallas County, Texas?
A straightforward case might wrap up after the 60-day wait. Complicated issues like property division or child custody could extend this timeline significantly.
Does my husband have to pay the bills until we are divorced in Texas?
Your spouse might need temporary financial support during court proceedings. So, talk to your family law attorney for details.What are the steps to get a divorce in Texas?
You start by filing a petition and serving your spouse. Then you negotiate terms or go to court if needed before finalizing with a judge’s decree.
Conclusion
Divorce in Garland, Texas might seem tough, but you’re not alone. Our team is here to help. We can guide you, clearing up confusion and strengthening you when things are uncertain.
This is not just about ending a marriage. It’s also about starting fresh on solid ground. We’re here to support you at every step. Our tailored solutions aim to secure better futures and lasting happiness for you and for us. These efforts will positively impact lives.
For more information, visit our website. You’ll find great resources there. Ready to start or talk to an attorney? Call our law office now at (888) 584-9614 or contact us online to schedule a consultation.
